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#03rd Amendment 11/17/2020 qY\\111 Kevin Madok, CPA 4 '. 1,11 ,% ti Clerk of the Circuit Court&Comptroller— Monroe County, Florida p DATE: December 1, 2020 TO: Rhonda Haag Chief Resilience Officer Liz Yongue Executive Assistant FROM: Pamela G. Hanc ).C. SUBJECT': November 17th ROCC Meeting Attached is an electronic copy of the following item for your handling: Q5 3" Amendment with Wood Environment& Infrastructure Solutions, Inc. to extend die Contract time by one year to December 13, 2021 at no cost under the general project management services on-call contract for Category A Canal Master Planning Services. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT NO. 3 TO THE AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY A CANAL MANAGEMENT PROGRAM AND MASTER PLANNING SERVICES THIS AMENDMENT NO. 3, dated November 17, 2020, is entered into between the County and the CONSULTANT, to the Contract For On Call Professional Engineering Services For Category A Canal Management Program and Master Planning Services, dated the 14th day of December, 2016, as amended December 13, 2017 and June 20, 2018 by and between Monroe County Board of County Commissioners, "COUNTY," and Wood Environment & Infrastructure Solutions, Inc.,"CONSULTANT", WITNESSETH: WHEREAS, the CONSULTANT has performed professional services satisfying the requirements of this Contract and; WHEREAS, the COUNTY will exercise its option to extend the Contract one year from December 13,2020 to December 13,2021; NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and Wood Environment & Infrastructure Solutions, Inc. agree as follows: Section 1.Article 1.1 TERM OF AGREEMENT is amended to read as follows: 1.1 TERM OF AGREEMENT 1.1 The Contract is extended from December 13, 2020 to December 13, 2021. Section 2. Article 9.17 NONDISCRIMINATION is amended to read as follows: 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which Page 1 of Amendment No.3 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Dmg Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and I I) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 2. Article 10.1 EQUAL EMPLOYMENT OPPORTUNITY is amended to read as follows: 10.1 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C , agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to Page 2 of Amendment No.3 employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity,or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,terminated or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of Page 3 of Amendment No.3 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8)The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. Section 3.Article 10.2.12 is hereby added to the contract as follows: 10.2.12 (2 C.F.R. § 200.321) Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph(1)through(5)of this section. Page 4 of Amendment No.3 Section 4. Except as set forth in sections 1, 2 and 3 herein, all other provisions of the On Call Professional Engineering Services For Category A Canal Management Program and Master Planning Services, dated the 14th day of December, 2016, as amended December 13, 2017 and June 20,2018,not inconsistent herewith, shall remain in full force and effect. ems'_'__'2 ESS WHEREOF, each party caused this AMENDMENT NO. 3 to be executed by its . prized representative on the day and year first above written. �n BOARD OF COUNTY COMMISSIONERS � a VIN MADOK,CLERK OF MONROE CO .• _ _ • 11 4. t 4 ' • . n.,,,...� By: ' lIl1�U/ As Deputy Clerk Mayor/Chairman Date: V ^ p L.- 17, )s YJ WOOD EVIRONMENT &INFRASTRUCTURE SOLUTIONS,INC. N_ ROE COUP ATTORNEY ^Vgfu'1""'c 9�jTA FOAM By: iCLca-od /L�rQo. cLe� Print name: 2c.4g o �, $O 4 `R At3�ATTORNEV S o -. pay 1/30/20 -'7 Title: CN,e, Edaivat/Z _ 1 _ Date: /04152_0 _ a STATE OF FLORIDA — !9 COUNTY OF Iv, r!- ,JacQc m o Subscribed and sworn to (or affirmed)before me, by means of hysical presence or 0 online notarization, on (date) by lic Vy-gXLaQfs (name of affiant). He/ he issonally known me or has produced (type of identification) as identification, and acknowledged that he/she is the person who executed the above Amendment #3 to the On Call Professional Engineering Services For Category A Canal Management Program and Master Planning Services. Not + Quay /I k 1 AMA' F PMa1�f1 a w.�k i Print Name Mycommission expires:P ()3 7 ZA Z5 Seal ti .t urtal�loPleoorfe�s v onntinnPIREtYWccurarJ emmrsYxlrrneuue.wrr Page 5 of Amendment No.3